§ 1-2. Rules of construction.  


Latest version.
  • In the construction of this Code and of all ordinances of the city, the following definitions and rules of construction shall be observed, unless inconsistent with the manifest intent of the city council or the text clearly requires otherwise:

    And, or. The word "and" may be read as "or" and the word "or" as "and", where the sense requires it.

    City. The words "the city" or "this city" shall mean the City of North Augusta in the County of Aiken and State of South Carolina, except as otherwise provided.

    Computation of time. The time within which an act is to be done shall be computed by excluding the first day and including the last day, and if the last day is Sunday or a legal holiday, that shall be excluded.

    State Law reference— Computation of time, Code 1976, § 15-1-20; legal holidays, § 53-5-10.

    Corporate limits, corporation limits, city limits. Wherever the terms "corporate limits", "corporation limits" or "city limits" are used they shall mean the legal boundary of the City of North Augusta.

    Council, city council, governing body. The terms "the council", "the city council," or "governing body" shall mean the mayor and council members, in council assembled, of North Augusta, South Carolina.

    County. The terms "the county" or "this county" shall mean the County of Aiken in the State of South Carolina.

    Delegation of authority. Wherever a provision appears requiring any official or officer of the city to do some act, it is to be construed to authorize the official or officer to designate, delegate and authorize subordinates to perform the required act unless the terms of the provision designate otherwise; and when so authorized, reference herein to the official or officer shall include such subordinates.

    Gender. A word importing one gender only shall extend and be applied to the other genders, where the context will so admit.

    Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

    Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

    Keeper and proprietor. The words "keeper" and "proprietor" shall include such keepers or proprietors and their servants, agents and employees.

    May; shall. The word "may" is permissive, and the word "shall" is mandatory.

    Month. The word "month" shall mean a calendar month.

    Municipality, municipal. The terms "municipality" and "municipal" are interchangeable with the terms "city".

    State Law reference— "Municipality" defined, Code 1976, § 5-3-290.

    Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

    Number. Words used in the singular include the plural and words used in the plural shall include the singular.

    Oath; swear, sworn. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed".

    Officers, agents, etc. All officers, agents, employees and other persons, together with all things and places therein referred to, shall, unless a contrary intention appears, be construed to mean the officers, agents, employees and other persons, things and places situate in the city or employed by or appertaining to the city.

    Owner. The word "owner", applied to any real or personal property, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole, or a part of such property.

    State Law reference— "Owner" defined, Code 1976, §§ 38-15-710, 49-19-30.

    Person. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships, trustees, receivers, and bodies politic and corporate as well as to individuals.

    State Law reference— Definition of "person," Code 1976, § 11-1-70.

    Personal property. The term "personal property" includes every species of property except real property as herein defined.

    State Law reference— Definitions of "personal property," Code 1976, §§ 14-1-30, 15-1-40, 18-1-20.

    Preceding, following. The words "preceding" and "following" mean next before and next after, respectively.

    Premises. Whenever the word "premises" is used it shall mean place or places.

    Property. The word "property" shall include real and personal property.

    State Law reference— "Property" defined Code 1976, §§ 14-1-10, 15-1-50, 18-1-20.

    Punishable acts. All acts prohibited or punishable under this Code or under any particular ordinance shall, unless a contrary intent appears, be construed to refer to such acts when committed or occurring within the limits of the city or in other places over which the municipal court and city police have authority or jurisdiction under the laws of the state, even though the Code or the particular ordinance only provides that such acts shall be prohibited or punishable and shall not specifically designate the jurisdiction or scope thereof.

    Real property. The term "real property" shall include lands, tenements and hereditaments.

    State Law reference— "Real property" defined, Code 1976, §§ 14-1-20, 15-1-30, 18-1-160.

    Residence. The term "residence" shall be construed to mean the place adopted by a person as such person's place of habitation, and to which, whenever absent, such person has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed such person's residence.

    Seal. Whenever the word "seal" is used it shall mean the town or corporate seal.

    Sidewalk. The word "sidewalk" shall mean any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.

    Signature or subscription. The "signature" or "subscription" of a person shall include a mark when the person cannot write.

    State. The terms "the state" or "this state" shall mean the State of South Carolina.

    Street. The word "street" shall include avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the city, and shall mean the entire width thereof between opposed abutting property lines; it shall be construed to include a sidewalk or footpath unless the contrary is expressed or unless such construction would be inconsistent with the manifest intent of the council.

    Tenant or occupant. The words "tenant" or "occupant", applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others.

    Time. Words used in the past or present tense include the future as well as the past and present.

    Writing. The words "writing" and "written" shall include printing and any other mode of representing words and letters.

    Year. The word "year" shall mean a calendar year.